Section 160D-1007 - Vesting(a) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement.(b) Except for grounds specified in G.S.160D-108(c) or G.S.160D-108.1(f), a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement.(c) In the event State or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the development agreement.(d) This section does not abrogate any vested rights otherwise preserved by law.N.C. Gen. Stat. § 160D-1007
Amended by 2020 N.C. Sess. Laws 25,s. 27, eff. 6/19/2020.Added by 2019 N.C. Sess. Laws 111,s. 2.4, eff. 1/1/2021.Effective Date - S.L. 2019-111: Section 2.4 of 2019 N.C. Sess. Laws 111 added Chapter 160D, and section 3.2 made the act effective January 1, 2021. 2020 N.C. Sess. Laws 25,s. 51-a, eff. 6/19/2020, repealed § 3.2 of S.L. 2019-111. Section 51.(b) of S.L. 2020-25 provides: "Part II of S.L. 2019-111 is effective when this act becomes law [June 19, 2020]. Part II of S.L. 2019-111 clarifies and restates the intent of law existing on the effective date of this act and applies to ordinances adopted before, on, and after that date. Valid local government development regulations that are in effect at the time of the effective date of Part II of S.L. 2019-111 remain in effect but local governments shall amend those regulations to conform to the provisions of Part II of S.L. 2019-111 on or before July 1, 2021. Part II of S.L. 2019-111 applies to local government development regulation decisions made on or after the earlier of: (1) The effective date of the amendments to local development regulations made to conform to the provisions of Part II of S.L. 2019-111 or (2) July 1, 2021."